LN145 2019

NATIONAI., (20UNCIT.
, FOR
LAW REPORTIN6"
LIBRARY
SPECIAL ISSUE 749
Kenya Gazette Supplement No. 149 23rd August, 2019
(Legislative Supplement No. 49)
LEGAL NOTICE No. 145
THE SMALL CLAIMS COURT ACT, 2016

(No. 2 of 2016)
THE SMALL CLAIMS COURTS RULES, 2019
ARRANGEMENT OF RULES
Rule.
PART I—PRELIMINARY
1—Short title and commencement
2— Interpretation
PART II—PRESENTATION OF CLAIMS, RESPONSES, ETC.
3—How to File a Claim
4—Claims by or against minors, or persons of unsound mind
5—Claim under section 12 in respect of loss or damage of property
6—Claim against the estate of a deceased person
7—Service of Statement of Claim
8—Service out of the Court's jurisdiction
9—Response to Statement of Claim, etc.
10—Admission of claim, set-off or counterclaim, etc.
11—Power of Court to enter or set aside default judgment
12—Respondent to serve their response
13—Form of counterclaim and set-off
14—Respondent may abandon part of counterclaim
15—Claimant to respond to counterclaim or set-off
16—Respondent may join third party
17—Amendment of Statement of Claim, response, counterclaim,
etc.
18—List of documents to be exchanged before settlement
conference and hearing
750 Kenya Subsidiary Legislation, 2019
PART III—HEARING, OFFER TO SETTLE, ENFORCEMENT OF

ORDERS AND DECREES AND APPEALS
19—Hearing Notice and procedure at hearing
20—Procedure in relation to settled claims
21—Consequences of non-attendance at hearing
22—Effect of settlement agreement
23—Form of hearing and expert report
24—Offer to settle
25—Procedure for enforcement of orders and decrees
26—Consequences of non-compliance
27—Power of Court to order payment by instalments
28—Power of Court to stay execution of order or decree
29—Power to review decree or order
30— Appeals
PART IV—GENERAL AND MISCELLANEOUS PROVISIONS
31—Court not bound by strict rules of procedure or evidence
32—Technical objection for want of form
33—Power of Court to enlarge or vary time
34—Power of Court to transfer proceedings
35—Mode of service
36—Proof of service
37—Assessment of costs
First Schedule — Forms
Second Schedule — Fees
Kenya Subsidiary Legislation, 2019 751
THE SMALL CLAIMS COURT ACT

(No. 2 of 2016)
IN EXERCISE of powers conferred by section 50 of the Small
Claims Court Act, 2016, the Chief Justice makes the following Rules —
THE SMALL CLAIMS COURT RULES, 2019
PART 1—PRELIMINARY
1. These Rules may be cited as the Small Claims Courts Rules, Short title.
2019.
2. In these Rules, unless the context otherwise requires — Interpretation
"Act" means the Small Claims Courts Act;
"Adjudicator" means an adjudicator appointed under section 5 of

the Act;
"claimant" has the meaning assigned to it under section 2 of the

Act;
"creditor" means a person to whom a debtor is required to pay a

sum of money which the Court finds to be due and payable to them;
"Court" means the Small Claims Court established under section

4 of the Act;
"debtor" means a person who owes a creditor a sum of money

which the Court finds to be due and payable to the creditor;
"intermediary" means a person approved by the Court to

represent and act on behalf of a person who is under eighteen years of
age or of unsound mind in any matter before the Court;
"Registrar" means the Registrar of the Small Claims Court

appointed under section 8 of the Act; and
"respondent" has the meaning assigned to it under section 2 of

the Act.
PART II—PRESENTATION OF CLAIMS, RESPONSES , ETC.
3. (1) To commence proceedings under the Act, a person shall How to file a
complete and file a Statement of Claim in form SCC-1 set out in the claim.
First Schedule hereto by presenting it at the court registry and on
payment of the prescribed fee.
(2) The claimant shall file the Statement of Claim at the Court
nearest to the place where—
(a) the transaction or event to which the claim relates took place;
or
(b) the respondent ordinarily resides or carries on business.
(3) A person may file a claim against two or more respondents

jointly and severiliiy where the claim against the respondents relates to,
or is directly CO/141r ;ie] with, the matter in respect of which the claim
arises.
(4) A claimant who has a claim of more than two hundred

thousand shillings may abandon that part of the claim that is in excess
of two hundred thousand shillings.
(5) Where a claimant abandons part of a claim, he or she shall

state in the Statement of Claim that the amount in excess of two
hundred thousand shillings has been abandoned.
(6) A claimant who abandons part of a claim shall not

subsequently sue for recovery of that part of the claim that has been
abandoned, unless the claimant withdraws the entire claim in
accordance with rule 14 (1) (c) and subsequently pursues the entire
claim in a Magistrates Court.
4. (1) Where a claimant or respondent is a person who is under Claims by or

eighteen years of age or of unsound mind, the Statement of Claim or against minors, or
persons of
Response shall expressly state that the claimant or respondent is a unsound mind.
minor or person of unsound mind, and is represented by the
intermediary named in the Statement of Claim or Response.
(2) The provision of sub-rule (1) shall apply with the necessary
modifications to any other person to whom section 20 (1) applies.
(3) In the case of a representative claim, the Statement of Claim

shall comply with, among others, the requirements of section 24 (a) and
(d) of the Act.
5. (1) A person claiming compensation under section 12 (1) (c) of Claim under
the Act in respect of a motor vehicle which has been damaged in a road section 12 in
respect of loss or
traffic accident or other accident shall attach to the Statement of damage of
Claim— property.
(a) an itemized estimate of the cost of repair prepared by a

licenced mechanic or certified motor vehicle assessor; or
(b) an itemised receipt issued in acknowledgement of money

paid by the claimant to a licenced mechanic on account of
repairs already carried out on the motor vehicle in question.
(2) A person claiming compensation for loss or damage caused to

any property, or for the delivery or recovery of movable property,
pursuant to section 12 (1) (c) of the Act shall attach to the Statement of
Claim—
(a) an itemized estimate of the cost of repair prepared by a

competent assessor;
(b) an itemized receipt issued in acknowledgement of money

paid by the claimant on account of repairs already carried out
on the property; or
(c) a copy of any document proving the value of the property

sought to be recovered.
(3) A person claiming compensation for personal injuries

pursuant to section 12 (1) (d) of the Act shall attach to the Statement of
Claim—
(a) a medical report from a licenced medical practitioner; and
(b) any receipts in respect of medical expenses incurred on

treatment.
6. A person making a claim against the estate of a deceased Claim against the
person shall file the claim against the executor of the deceased's will (if estate of a
deceased person.
any) or the duly appointed legal representative of the deceased's estate,
as the case may be.
7. (1) The claimant shall serve a copy of the Statement of Service of

Claim on each of the respondents named in the Statement in the manner Statement of
claim.
prescribed under rule 35.
(2) If the claimant fails to serve a Statement of Claim within six

months from the date on which it was filed, the claim shall be deemed
as having been abandoned, whereupon it shall stand dismissed.
(3) Despite sub-rule (2), the claimant may apply to the Court in
writing to have his or her claim reinstated giving reasons for failure to
serve, and a claim dismissed under sub-rule (2) may be reinstated under
this sub-Rule only once.
(4) Despite sub-rule (3), the Court shall not reinstate any claim
under this Rule in any case where —
(a) the claim relates to an accident which took place more than
three years before the date of the application; or
(b) the claim arises from a contract entered into between the
claimant and the respondent more than six years before the
date of the application.
8. (1) A claimant may serve the Statement of Claim on a Service out of the
respondent outside the local limits of the Court's jurisdiction, with the Court's
jurisdiction.
Court's approval, if the respondent carries on business or ordinarily
resides outside the local limits of the jurisdiction of the Court.
(2) Where the claimant is, for reasons shown to the satisfaction of
the Court, unable to serve a Statement of Claim personally on the
respondent, the claimant may apply to the Court either orally or in
writing to—
(a) direct the alternative manner in which the claimant may

serve; and
(b) fix the time within which the respondent shall file the
response to the claim.
(3) Where the Court directs that the claimant may effect service
of the Statement of Claim otherwise than personally on the respondent,
the claimant shall serve a copy of the court order together with the
Statement of Claim unless—
(a) the Court otherwise directs; or
(b) the Court directs that the notice of the claim be advertised, at
the claimant's expense, in at least one newspaper with
national circulation.
(4) A person who effects service of any document under this rule
is required to file a Certificate of Service in Form SCC 5 set out in the
Schedule hereto.
9. (1) A respondent who is served with a Statement of Claim may Response to
statement of
claim, etc.
(a) settle the amount claimed in full by making payment directly

to the claimant or by depositing the amount claimed in court,
whereupon the claimant shall withdraw the claim;
(b) admit the whole or part of the amount claimed with a

proposal on the mode of payment on such terms as the
parties may agree or, failing agreement on the proposal, as
the Court may direct;
(c) deny the whole or part of the claim, giving reasons for the
denial;
(d) claim a set-off or make a counterclaim against the claimant
in accordance with rule 13;
(e) apply to join a third party, who the respondent has reason to
believe is answerable to the claimant's claim; or
(f) request the Court, in writing, to transfer the proceedings to
an alternative court station.
(2) A respondent who has taken any of the actions specified in

sub-rule 1 (b) to (e) shall file his or her response in Form SCC 2 set out
in the First Schedule hereto in the court where the Statement of Claim
was filed, and within the following period—
(a) in the case of a respondent who carries on business or

ordinarily resides within the local limits of the jurisdiction of
the Court, within fourteen days of service the Statement of
Claim;
(b) in the case of a respondent who carries on business or

ordinarily resides outside the local limits of the jurisdiction
of the Court, within thirty days of service of the Statement of
Claim; or
(c) within such time as the Court may direct.
10. (1) Where a respondent admits in writing the whole or any Admission of
part of the claim or by indicating admission in the Response, with or claim, set-off, or
counterclaim, etc.
without any proposed settlement, the Court shall enter judgment in
favour of the claimant to the extent of the respondent's admission.
(2) Sub-rule (1) applies, with necessary modifications, to

admission by the claimant of any set-off or counterclaim in favour of
the respondent.
(3) An admission of a claim or counterclaim made in accordance

with the Act shall be made in writing or orally before the Court.
(4) Where a party admits a claim, whether wholly or partially, but

fails to propose the mode of settlement, the Court may, on hearing the
parties —
(a) direct the manner in which the claim shall be settled; and
(b) order execution to enforce its decree.
(5) Where the corresponding party admits only part of the
claimant's claim or respondent's counterclaim, the Court shall proceed
to hear and determine that part of the claim or counterclaim which is
denied.
11. (1) Where a respondent fails to file a response to the claim Power of court to
within the time specified in these Rules or within such additional time enter or set aside
default judgment.
as the Court may have allowed, the Court shall, on the written request
of the claimant, enter default judgment and issue a decree in favour of
the claimant.
(2) Where a State department or State organ fails to file its

response to a claim under the Act, the Court shall enter default
judgment in accordance with the Government Proceedings Act or any
other written law.
(3) Sub-rule (1) applies, with necessary modifications, to cases

where the claimant fails to file a response to a counterclaim.
(4) The Court may set aside a default judgment or any

consequential orders given under this rule on the written request of any
party that is aggrieved by the decree or order if the Court is satisfied, on

evidence given by the applicant, and on hearing the other parties to the
proceeding. :h a ; —
(a) the default was inadvertent;
(b) the applicant has a valid defence with a probability of

success:
(c) there are sufficient grounds to warrant setting aside the

default judgment, decree or order.
(5) Where the Court gives an order setting aside default judgment
or other consequential orders, the Court may order payment of
reasonable costs incurred by the corresponding parties in the
proceedings.
12. ( I ) A respondent shall serve a copy of his or her Response to Respondent to

the claimant's claim on every person named as a party in the Statement serve response.
of Claim in accordance with rule 35.
(2) Where the response includes a counter-claim or set-off, the

claimant shall file his or her response together with the counterclaim or
set-off, as the case may be, within fourteen days of service upon every
person named as a party in the Statement of Claim.
(3) For the purposes of this rule, a counterclaim is a claim made

by a respondent against a claimant that can be conveniently tried at the
same time as the claimant's claim, and includes a set-off.
13. (1) In addition to his or her response to the claimant's claim, Form of
a respondent may make a counterclaim or set-off against a claimant in counterclaim and
set-off.
Form SCC 3 as set out in the First Schedule hereto.
(2) A respondent shall serve his or her Response containing the

counterclaim or set-off on the claimant, and on every other party named
in the stateme'it of claim in accordance with rule 35.
14. (1) A respondent who has a counterclaim exceeding two Respondent may
hundred thousand shillings may — abandon part of
counterclaim.
(a) abandon that part of the counterclaim exceeding two hundred
thousand shillings;
(b) pursue his or her counterclaim in the proceedings and
recover an amount not exceeding two hundred thousand
shillings; or
(c) file a separate claim in the Magistrates' Court to recover the
whole of the amount counterclaimed.
(2) A respondent who abandons that part of the counterclaim
exceeding two hundred thousand shilling shall state in his or her
response that the amount in question is abandoned.
(3) A respondent who abandons any part of a counterclaim or set-

off in accordance with this rule shall not be entitled to file a subsequent
claim in any court to recover the amount stated as abandoned.
15. (1) A claimant who is served with a Response to Claim and Claimant to
respond to
Counterclaim may take one or more of the following actions — counterclaim or
set-off.
(a) settle the amount counterclaimed in full by making payment

directly to the respondent or by depositing the amount
counterclaimed in court, whereupon the respondent shall
withdraw the counterclaim;
(b) admit the whole or part of the amount counterclaimed with

or without making a proposal on the mode of payment on
such terms as the parties may agree or, failing agreement, as
the Court may direct; or
(c) deny the whole or part of the counterclaim, giving reasons

for the denial.
(2) A claimant who has taken any of the actions specified in sub-
rule (1) (b) and (c) shall file their response in Form SCC 3 as set out in
the First Schedule hereto in the proceedings—
(a) within fourteen days of service upon him or her of the

response and counterclaim; or
(b) within such time as the Court may direct.
16. (1) Where a respondent who has filed a response reasonably Respondent may
join third parties.
believes that another person (hereinafter referred to as "the third party")
is liable to pay all or any part of the claimant's claim, the respondent
may make a claim against the third party by filing a Third Party Notice
in Form SCC 4 as set out in the First Schedule hereto, and joining the
third party in the proceedings, before the date fixed for hearing of the
respective claims.
(2) Where the respondent joins a third party in the proceeding

under this rule, the respondent shall serve on the third party, and on all
persons named in the Statement of Claim, the following documents —
(a) a copy of the Third Party Notice;
(b) a copy of the Statement of Claim;
(c) a copy of the response to the Statement of Claim and

counterclaim (if any);
(d) where a date has been fixed for the hearing of the claim, a
copy of the Hearing Notice; and
(e) all documents filed in support of the claim, response or

counterclaim, as the case may be.
(3) The respondent shall file a Certificate of Service in Form

SCC 5 as set out in the First Schedule hereto within fourteen days of
service on the third party of the Notice and all documents specified in
sub-rule (2) as proof of service.
(4) Where the third party has filed a response to the Third Party
Notice, and to the relevant claim made against him or her, the
respondent shall not be required to file a Certificate of Service under
sub-rule (3).
(5) Where a respondent fails to serve on the third party the Third
Party Notice in accordance with this rule, the claim against the third
party shall be deemed as having been abandoned.
(6) Despite sub-rule (5), the Court may, on the respondent's

request, and on hearing the other parties to the proceeding, direct the
time within which the respondent shall serve the Third Party Notice and
file the requisite Certificate of Service before the date fixed for hearing
of the respective claim.
(7) Rules 9 and 18 apply with necessary modifications to the

response by the third party to the Third Party Notice, and to the claims
made against the third party.
17. (1) A claimant, respondent or third party, may amend and Amendment of
serve on the other parties to the proceeding the Statement of Claim, Statement of
Claim, response
response or counterclaim filed with the court, as the case may be, at any or counterclaim.
time, but not later than seven days before the date fixed for hearing of
the claim.
(2) Where hearing has commenced, a party may, with leave of

the Court on written application, amend and serve any of the
documents referred to in sub-rule (1) on such terms as the Court may
direct.
(3) An application under this rule shall be made by way of a letter

accompanied by copies of the document sought to be amended,
showing the proposed amendments.
(4) The proposed amendments shall —
(a) be underlined in red;
(b) indicate the date on which the amendment is made; and
(c) be signed by the party making the amendment.

(5) Any party wishing to respond to an amendment under this
rule shall file and serve his or her response on all the parties named in
the proceeding in the manner prescribed under rule 35within seven
days of being served with the amended document, or within such

period as the Court may direct.
18. (1) Where a claim has been scheduled for trial or hearing of List of documents
an application, each party to the proceeding shall, within seven days of to be exchanged
before hearing.
the hearing, file and serve on the other parties a list of the documents
which they seek to rely on in support of their claim.
(2) The list referred to in sub-rule (1) shall be accompanied by

copies of the specified documents.
(3) Where a party fails or neglects to file and serve his or her list
of documents in accordance with this rule, the Court may —
(a) proceed to hear and determine the application or claim (as

the case may be) on its merits despite the default.; or
(b) direct that the party in default do file and serve copies of
their evidential documents within such time, and on such terms, as the
Court may direct.
(4) Nothing in this rule prevents a party from filing and serving
on the other parties a supplementary list of evidential documents,
including additional documents not previously disclosed or served in
accordance with this rule and, in any event, not later than three (3) days
before the date fixed for hearing of the claim.
PART III—HEARING, OFFER TO SETTLE, ENFORCEMENT OF

ORDERS AND DECREES AND APPEALS
19. (1) The Court shall, at least fourteen days before the date Hearing Notice
fixed for hearing, notify the parties of the date, time and place of the and procedure at
hearing.
hearing and determination of the claim.
(2) At the hearing, the Adjudicator may do any one or more of

the following things—
(a) adopt and implement any appropriate means of dispute

resolution in accordance with section 18 (1) of the Act to
facilitate the amicable settlement of all or any of the claims;
(b) adopt an alternative dispute resolution mechanism pursuant

to section 18 (2) of the Act on such terms as the Court may
direct;
(c) determine the issues on which the parties are in agreement

and those in respect of which the parties are in contention;
(d) enter consent judgment in respect of any claim in the

proceeding, or give such orders or directions as the Court
may think just;
(e) where necessary, adjourn the hearing and fix an alternative

date for the hearing and determination of the claim;
(f) in relation to a claim for compensation arising from damage

to property, direct that a party against whom the claim is
made be accorded the opportunity to examine the property
and file a report in that regard; or
(g) give such other or further orders and directions as the Court
may consider necessary for the expeditious determination of
the claim, and in accordance with the Guiding Principles set
out in section 3 of the Act.
(3) The Adjudicator shall preside over and make a record of the
proceedings at the hearing of the claim.
(4) The Court may adjourn and reschedule the hearing to a later
date on the request of any party to the proceeding on such terms as the
Court may direct, including an order directing the applicant to pay to
the other parties such reasonable costs as are occasioned by the
adjournment.
20. (1) Where at the hearing a party alleges that the parties to the Procedure in
claim have settled the whole or any part of the claim, the Court shall relation to settled
claims.
proceed to hear the parties, and make a record of its findings in that
regard.
(2) Where it is shown to the satisfaction of the Court that the

claim in issue has been settled either wholly or in part, the Court shall,
to that extent, mark the claim as settled.
(3) Where only part of the claim in issue is settled, the Court shall
proceed to hear and determine that part of the claim that is denied.
21. (1) Where neither the claimant nor the respondent attends on Effect of non-
attendance at
the date fixed for hearing, the Court may dismiss the claim.
hearing.
(2) Where only the claimant attends, and the Court is satisfied
that—
(a) the respondent was duly served with the Hearing Notice, it
may proceed to hear and determine the claim;
(b) the respondent was not duly served with the Hearing Notice,
it shall direct that a second Hearing Notice be served; or
(c) the Hearing Notice was not served in sufficient time for the
respondent to attend, or that the respondent was, for
sufficient cause, unable to attend, it shall postpone the
hearing to a later date as determined by the Court.
(3) Where only the respondent attends, but does not admit any
part of the claim, the Court shall, except for good cause to be recorded
in the proceedings, dismiss the claim.
(4) If only the respondent attends and admits any part of the
claim, the Court shall give judgment in favour of the claimant on
admission and, except for good cause to be recorded in the proceeding,
dismiss that part of the claim which is denied.
(5) If only the respondent attends, and has counterclaimed, the

Court may proceed to hear and determine the respondent's
counterclaim.
(6) The provisions of sub-rules (1) to (5) apply with necessary

modifications to claims in which there are more than one claimant or
respondent.
22. (1) Where the parties to a claim under the Act enter into a Effect of
settlement
settlement agreement, the Court shall issue a decree or order in terms of agreement.
the agreement.
(2) Where a party fails to comply with the terms of a settlement

agreement other than the payment schedule, the Court may, on the
written application of the party in favour of whom the decree or order is
issued, make such other or further orders as may be just to facilitate
execution of the decree or order.
23. (1) On the date fixed for hearing of the claim, the Court shall Form of hearing
and expert report.
take oral and documentary evidence (if any) adduced by the parties or
their witnesses.
(2) The parties or their witnesses shall give oral evidence on oath
or affirmation.
(3) Nothing in this rule prohibits a party from introducing a

report containing an expert opinion without calling the maker where —
(a) the party seeking to introduce the report in support of their
claim or response has filed and served a copy of the report to
the other parties at least fourteen days prior to the date set for
hearing;
(b) the parties consent to the introduction of the report; or
(c) on hearing the parties, the Court directs that the report be
admitted in evidence at the trial without calling the maker.
(4) At the end of the hearing, the Court shall prepare a written
record of its decision in final determination of the claims before it
and —
(a) pronounce its decision in accordance with section 34 (2) of
the Act; or
(b) send a copy of its written decision to the parties.
(5) The Adjudicator's decision takes effect from the date on
which it is read in court or, if it is sent to the parties, on the date on
which it is signed and indicated as having been made.
24. (1) A party against whom a claim is made under the Act may Offer to settle.
offer to settle the whole or part of the claim, with or without proposing
a payment schedule—
(a) orally at the hearing;
(b) by a v., Alen proposal made to the party by whom the claim is
made , rNd filed in court and served on the other parties in the
proceeding at any time before the date fixed for hearing; or
(c) in writing addressed to the Court and served on all the parties
to the proceeding at any time after the hearing, but before
judgement.
(2) Where a party makes an offer to settle in accordance with

sub-rule (1), and the offer is accepted by the party to whom it is made,
the Court shall —
(a) record the offer in the terms on which it is made as an order

of the Court; and
(b) enter judgment on such terms as the parties may agree.
(3) Where an offer to settle is given, but the parties do not agree,
the Court may, upon hearing the parties, direct that the claim be
satisfied on the terms of the offer, or on such other terms as the Court
may think just.
(4) A party whose claim is satisfied, whether wholly or in part, in

accordance with the offer to settle made before the date fixed for
hearing of the claim shall notify the Court in writing of the satisfaction,
whereupon the claim shall, to the extent of the satisfaction, stand
settled.
(5) A party against whom a claim is made, and who has satisfied
the claim in accordance with this rule, may notify the Court in writing
of the satisfaction, providing documentary proof of such satisfaction.
(6) The Court shall not enter judgment or give any order in
respect of a notice given pursuant to sub-rule (5) unless and until the
party in whose favour the satisfaction is made gives written
confirmation of such satisfaction:
Provided that where no confirmation is given within thirty days
of the notice of satisfaction, the claim shall be deemed settled.
(7) This rule applies with necessary modifications to offers made
to settle any claim, including claims against third parties, and to any
counterclaim or set-off.
25. (1) Any order or decree of the Court shall be enforceable in Procedure for
accordance with the Civil Procedure Rules. enforcement of
orders and
decrees.
(2) Without prejudice to the generality of sub-rule (1), a party

against whom a decree is issued or order given under the Act may
propose—
(a) a payment schedule toward satisfaction of the decree; or
(b) the manner and time within which they propose to comply
with the court order.
(3) A payment schedule or proposal given pursuant to sub-rule

(2) may be made —
(a) orally in court; or
(b) in writing, addressed to the party in whose favour it is made,

and filed in court.
(4) Where the party in favour of whom the decree is issued or

order given accepts the payment schedule or proposal given under this
rule, either orally in court or by written notice of such acceptance, the
Court shall record the payment schedule or other proposal as an order
of the Court.
26. Where a debtor fails to satisfy the payment schedule or acts in Effect of non-
breach of the proposal to comply with a court order given under this compliance.
rule, the payment is recoverable, and the order is enforceable, in
accordance with the Civil Procedure Rules.
27. (1) Where a party in favour of whom a' decree has been Power of Court to
issued rejects the debtor's proposal to satisfy the decree by instalments, order payment by
instalments.
the Court may, on the oral or written application made by the debtor—
(a) hear the parties' corresponding proposals; and
(b) on being satisfied on evidence that the debtor is unable to

satisfy the decree in lumpsum , make an order allowing the
debtor to satisfy the decree—
(i) in accordance with the payment schedule proposed by

the debtor;
(ii) in accordance with the payment schedule proposed by

the creditor; or
(iii) by instalments on such terms as the Court may think

just.
(2) In determining an application made under this rule, the Court

shall consider, among other things—
(a) the debtor's net monthly income;

(b) the aggregate value of the debtor's assets and liabilities;
(c) the aggregate value of the debtor's assets, if any, disposed of

by the debtor immediately before or subsequent to the filing of the
claim against the debtor with intent to defeat the creditor.
28. (1) Where the Court gives judgment or makes an order in Power of Court to
favour of any party to the proceeding, the Court may, on the written stay execution of
orders and
request of the party against whom the decree or order is given, stay decrees.
execution of such decree or order given on such terms as the Court may
direct.
(2) An application under sub-rule (1) may be made orally in court

in the presence of all the parties to the proceeding.
(3) The Court may stay execution of a decree or order on a

request made pursuant to this rule only where—
(a) the Court is satisfied that there are sufficient grounds to grant
the request; or
(b) the parties consent to the stay of execution as requested by

the applicant.
(4) Without prejudice to sub-rule (1) the Court may stay

execution of its decree or order —
(a) to allow reasonable time for the party against whom the
decree is issued to comply with the decree and settle the
claim, or counterclaim, on such terms as the Court may
direct; or
(b) to allow reasonable time for the party against whom an order
is made to comply with the order on such terms as the Court
may direct.
(5) Before making an order under this rule to stay execution of its
decree or order, the Court shall hear all the parties to the proceeding.
29. (1) The Court may review any decree passed or order given Power to review
in proceedings under the Act on the written request of any party decree or order.
aggrieved by such decree or order where it is shown to the satisfaction
of the Court that the decree or order sought to be reviewed—
(a) has an error apparent on the face of the record; or
(b) has a clerical or arithmetical mistake.
(2) A request for review of a decree or order under this rule shall
be made within three (3) months of the passing of the decree or of the
making of the order in issue, and may be made—
(a) orally in court; or
(b) in writing addressed to the Court and served on all parties to

the proceedings.
(3) Nothing in this rule prevents the Court, of its own motion,
from reviewing and making a correction of any clerical or arithmetical
mistake within thirty days of passing the decree or making the order in
issue.
30. A person aggrieved by the judgment or order of the Court Appeals

may, pursuant to section 38 of the Act, appeal to the High Court in
accordance with Order 42 of the Civil Procedure Rules, 2010.
PART IV—GENERAL AND MISCELLANEOUS PROVISIONS
31. In the conduct of any proceedings before it, the Court shall Court not bound
not be bound by the strict rules of procedure or evidence. by strict rules of
procedure or
evidence.
32. No technical objection may be raised to any pleading or Technical

document prescribed by these Rules on the ground of any want of form. objection for want
of form.
33. The Court may extend or shorten a time limit fixed under Power of Court to
these Rules or by any order of the Court requiring anything to be done enlarge or vary
time.
under these Rules, on such terms as the Court thinks just.
34. (1) Where a claimant files a claim outside the local limits of Power of Court to
the jurisdiction of the Court nearest the respondent's ordinary place of transfer
proceedings.
business or residence, or where the transaction or event giving rise to
the claim occurred, the respondent may apply to the Court in writing
for orders that the proceeding be transferred—
(a) to the court nearest the respondent's place of business, or

nearest the place where the respondent ordinarily resides; or
(b) to the court nearest the place where the transaction or event
giving rise to the claim took place.
(2) The Court shall not transfer any proceeding on the request of
a party under this rule unless —
(a) the party making the request has disclosed reasonable
grounds to the satisfaction of the Court to justify the transfer;
and
(b) before making its decision, the Court has heard the other
parties in response to the request.
(3) Nothing in this rule prevents parties from requesting the Court
to transfer any proceeding to any other station of the court by consent
of the parties.
35. (1) Service of any document under these Rules shall be made Mode of service.
by delivering a copy thereof personally to the party upon whom it is to
be served and, where there are more than one party to be served, on
each of them.
(2) Wherever it is practicable, service shall be made on each

party in person unless they have an agent authorised to accept service,
in which case service on the agent personally shall be sufficient.
(3) The person served under this rule is required to endorse an

acknowledgment of service on the original document:
Provided that, if the Court is satisfied that the party or such agent
or other person has refused so to endorse, the Court may declare the
document to have been duly served, and a Certificate of Service shall
be sufficient proof of service.
(4) Where it is not practicable to effect personal service of a

document on a party in accordance with this , rule, service may be
effected by mail addressed to the party's last known postal address, and
a certificate of posting in that regard shall be attached to the Certificate
of Service.
(5) Where the respondent is a corporation, the claimant may —
(a) send by registered mail a copy of the document to the

registered office of the corporation, and obtain a certificate
of posting; or
(b) deliver a copy of the document —
(i) at the registered office of the corporation;
(ii) at the principal place of business of the corporation; or
(iii) to a director, chief officer, manager, Receiver or

Liquidator, or Receiver Manager, of the corporation.
(6) The person served pursuant to sub-rule (6) (b) is required to

sign and affix a stamp or seal of the corporation on the original
document in acknowledgment of service.
(7) This rule applies with necessary modifications, subject to

section 13 of the Government Proceedings Act, to service of documents
on the Government for the purpose of, or in connection with, civil
proceedings against the Government.
36. Service of a document may be proved by filing in court any Proof of service.
or all of the following--
(a) in the case of personal service, a copy of the document duly

endorsed in acknowledgment of service;
(b) in the case of service by mail, a copy of the document that

was mailed, accompanied by a certificate of posting; or
(c) in the case of service on an agent of the party to be served, a

copy of the document duly endorsed in acknowledgment of
service.
37. In assessing costs recoverable under section 33 (1) of the Act, Assessment of
the Court shall be guided by the Second Schedule to these Rules. costs.
FIRST SCHEDULE
[rr. 3(1), 9(2), 13(1), 15(2), 16(1), 16(3) & 37(1)]
FORMS
Rule 3 FORM No SCC 1
REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT AT
CLAIM NO OF
A .B CLAIMANT
VERSUS
C.D RESPONDENT
STATEMENT OF CLAIM
1. Claimant's Personal Details :
Name:
Postal Address:
Physical Address:
Telephone Contact:
Email Address:
Nature of Business:
Location/Sub/Village
❑ Claiming in Person ❑ Claiming as a Representative (Please tick where
appropriate)
If Claiming as a representative, kindly provide the Personal Details of the person you
represent
Name:
Postal Address:
Physical Address:
Telephone Contact:
Email Address:
Nature of Business:
Location/SubNillage
Give reasons why you claim as a representative attaching a copy of the written authority
(if any)
2. Respondent's Personal Details:
Name:
Postal Address:
Physical Address:
Telephone Contact:
Email Address:
Nature of Business:
Legal Status of the Respondent (Please tick where appropriate)
❑ Individual ❑ Sole Proprietorship ❑ Partnership ❑ Company ❑
Cooperative ❑ State Department
If you need more space for details of addition parties, you can write the back of this page
3. Nature of Claim (Please tick where appropriate)
❑ Goods sold and delivered on or about the day of 20
(give date) to the value of Kshs
❑ Services rendered on or about the day of 20 to the value of Kshs
❑ A Contact relating to money had and received on or about the day of

in the sum of Kshs
❑ Compensation for loss or damage to property which occurred on or about the
day of 20 valued at Kshs
❑Compensation for personal injury which occurred on or about the day of 20
4. Briefly explain the circumstances under which the claim arose, and attach documents
(if any) in support of your claim.
5. What is the Remedy/Relief sought; (Please tick where appropriate)
❑ Judgement in the sum of Kshs ❑ Compensation (to be
determined by the Court)
❑Costs of the Claim (to be assessed by the Court)
❑Other appropriate relief (briefly explain)
By filing this Claim, I (the Claimant) hereby waive and forfeit the recovery of all sums in
excess of Kshs 200,000, excluding costs and interest.
Name of Claimant Signature of Claimant

Declaration
I declare that the information given above is true
Dated this day of 20
Acknowledge of Service
I acknowledge service of this Statement of Claim delivered to me, with evidential
documents attached, on
Name of Respondent Signature of Respondent
For Official Use Only
This Claim was filed on the day of 20
Signed
(Registrar)
Rules 9 FORM No SCC 2

REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT OF AT
CLAIM NO OF
A .B CLAIMANT
VERSUS
C .D RESPONDENT
RESPONSE TO STATEMENT OF CLAIM
1. Claimant's Personal Details
Name:
Postal Address:
Physical Address:
Telephone Contact:
Email Address:
Nature of Business:
Location/S ubN ill age
2. Respondent's Personal Details
Name:
Postal Address:
Physical Address:
Telephone Contact:
Email Address:
Nature of Business:
3. Response to Statement of Claim
In response to the Statement of Claim dated the day of 20 , the Respondent
states as follows: (Please tick where appropriate)
❑ The Respondent does not owe the Claimant any money.
❑ The Respondent owes the Claimant only a portion of the amount claimed in the
Statement of Claim amounting to Kshs . (state the amount admitted)
❑The Respondent admits the whole of the Claimants claim.
❑ The Respondent has paid to the Claimant all the sum claimed in the Statement of
Claim.
❑ It is the Claimant who owes the Respondent a sum of Kshs on
account of _(explain the basis on which the Claimant owes the amount
stated)
❑ If the response is in denial of the whole or part of the claim. Give reasons why the
claim is denied (explain briefly)
4._In addition to the Respondent's response in paragraph three above, the Respondent
state's that this claim (Please tick where appropriate)
❑ Is filed in the right Court
❑ Is filed in the wrong Court and should be transferred to the Small Claims Court at
5. Counterclaim
Without prejudice to the Respondent's response in paragraphs three and four, the
Respondent Counterclaims against the Claimant the sum of Kshs on
account of
(state the amount of counterclaim and the grounds on which the counterclaim is based)
6. Set-Off
While admitting the Claimant's claim in the sum of Kshs , the
Respondent states they are entitled to a Set-Off in the sum of
Kshs on account of
(state the amount sought to be set-off and the reasons for the set-off)
7. Claim against Third Party
The Respondent denies the Claimants claim and states that the person named below ("the
Third Party") is liable to the Claimant on the grounds set out in the attached Third Party
Notice.
Name of Third Party
Postal Address
Telephone Contact
Email Address
8. Remedy/ Relief Sought
The Respondent requests the Court to (Please tick where appropriate)
❑ Dismiss the Claimants claim with costs to the Respondents
❑ Enter Judgment in favour of the Claimant against the Respondent in the sum of Kshs
❑ Enter judgment in favour of the Respondent against the Claimant on the

Counterclaim/Set off in the sum of Kshs
❑ Enter judgment in favour of the Claimant against the Third-party in the sum of Kshs
Declaration
I acknowledge service of this Response to Statement of Claim delivered to me, with
evidential documents attached, on
This Response to Statement of Claim was filed on the day of 20
Signed
(Registrar)
Rules 13 FORM No SCC 3

REPUBLIC OF KENYA
CLAIM NO OF
A .B CLAIMANT
VERSUS
C.D RESPONDENT
RESPONSE TO COUNTERCLAIM/SET OFF \
1. Claimant's Personal Details
Name:
Postal Address:
Physical Address:
Telephone Contact:
Email Address:
Nature of Business:
Location/Sub/Village:
2. Respondent's Personal Details

Name:
Postal Address:
Physical Address:
Telephone Contact:
Email Address:
Nature of Business:
3. Response to Counterclaim/Setoff
In response to the Counterclaim dated the day of 20 , the Claimant states as
follows:
(Please tick where appropriate)
❑ The Claimant does not owe the Respondent any money as claimed in the Counterclaim.
❑ The Claimant owes the Respondent only a portion of the amount Counterclaimed
amounting to Kshs . (state the amount admitted)
❑ The Claimant admits the whole of the Respondent's Counterclaim and proposes to the
pay the amount admitted as follows (state the
proposed terms of payment)
❑ The Claimant paid to the Respondent the whole of the amount claimed in the
Counterclaim amounting to Kshs on the day
of 20 (attach copies of documents in evidence of payment)
❑ If the Claimant denies the whole or part of the Counterclaim. Give reasons for the
denial. (explain briefly)
4. In addition to the Claimant's response in paragraph three above, the Claimant state's
that the grounds on which the Respondent's Counterclaim is based fall outside the
jurisdiction of this Court (Please explain briefly)
6. Remedy/ Relief Sought
The Claimant requests the Court to (Please tick where appropriate)
❑ Dismiss the Respondent's Counterclaim/Setoff with costs to the Claimant
❑ Enter Judgment in favour of the Claimant against the Respondent in the sum of Kshs
Declaration
I acknowledge service of this Response to Statement of Claim delivered to me, with

evidential documents attached, on

This Response to Statement of Claim was filed on the day of
20
Signed
(Registrar)

REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT OF AT
CLAIM NO OF
A .B CLAIMANT
VERSUS
C.D RESPONDENT
E.F THIRD PARTY
THIRD PARTY NOTICE
(Issued pursuant to the order of the Court given on .)
TO
Name:
Postal Address:
Physical Address:
Telephone Contact:
Email Address:
Nature of Business:
Location/Sub/Village:
Take notice that a Claim has been brought by the claimant against the respondent. In it
the claimant claims against the Respondent in accordance with the attached Statement of
Claim.
The respondent claims against you (here state nature of claim against
third party) ) on the grounds that (state the
grounds on the Response to Statement of Claim).
And take notice that if you wish to dispute the Claimant's claim against the respondent,
or the respondent's claim against you, you must file and serve the Claimant and the
Respondent with a response within 14 days after the service of this notice on you,
inclusive of the day of service, otherwise you will be taken to admit the claimant's claim
against the respondent and the respondent's claim against you and you will be bound by
any judgment given in the suit.
Your response shall be in Form No SCC 2 with necessary modifications
I acknowledge service of this Third Party Notice delivered to me, with evidential
documents attached, on
Name of Third Party Signature of Third Party
This Third Party Notice was filed on the day of 20
Signed
(Registrar)
/Enc/
(a) A copy of the statement of claim with evidential documents attached.
(b) A copy of the response to the statement of claim with evidential documents
attached.
(c) A copy of the notice of settlement conference or hearing of the claim, if any
has been issued.
776 Ke,qyc,' Subsidiary Legislation, 2019

REPUBLIC OF KENYA
CLAIM NO OF
A.B CLAIMANT
VERSUS
C.D RESPONDENT
CERTIFICATE OF SERVICE
I of P. 0 Box a process server,
states as follows:
1. On the day of , 20 at
(indicate the time) I served (indicate the name of
the party) at (indicate the name of the place) by tendering a copy of
(Indicate document served) to him/her and requiring a signature on
the original.
(Please tick where appropriate)
He/she o signed o refused to sign the document.
He/she was o personally known to me o was identified to me by . (indicate
the name) and admitted that he/she was the (indicate the name
of the party)
2. Not being able to find the (indicate the name of the party) on
the day of 20 at ( indicate the time) I served
the (indicate the document served) on
(indicate the name) an adult member of the family of the
(Indicate the name of the party) who is residing with him/her.
3. Not being able to find the (indicate the name of the party) or any
person on whom service could be made, on the day of 20
at (indicate the time), I affixed a copy of the
(indicate the document served) to the outer door of the premises in which the
resides/ carries on business at
(indicate name of the premises)
4. Not being able to serve in the manner prescribed above, I sent the
(indicate the document served) on the day of
20 by registered mail to the last known postal of the
(indicate name of addressee) and obtained the attached certificate
of postage.
5. I declare that the information given above is true
Name Signature
SECOND SCHEDULE
(r. 37)
FEES
Kshs.
1. Filing a claim -
(a) less than Sh. 50,000.00 200
(b) more than sh. 50,000.00 but less than Sh. 100,000.00 400
(c) more than 100,000.00 but less than Sh. 150,000.00 600
(d) more than Sh. 150,000.00 but less than 200,000.00 1000
2. Filing a counterclaim
(a) less than Sh. 50,000.00 200
(b) more than sh. 50,000.00 but less than Sh. 100,000.00 400
(c) more than 100,000.00 but less than Sh. 150,000.00 600
(d) more than Sh. 150,000.00 but less than 200,000.00 1000
3. Filing all other responses 200
4. Third Party Notice 400
5. Service fees
(a) Within 2 km 100
(b) Over 2 km and upto 10 km 300
(c) Over 10 km 500
6. For every exhibit produced 10
7. Fees payable to a witness per day 200
8. The fees recoverable on execution of a Decree or Order of the
Court shall not exceed 10% of the aggregate value of the subject
matter together with disbursements on account of the fees
specified in this Schedule.
Dated the 15th August, 2019.
DAVID K. MARAGA,
Chief Justice and President of the Supreme Court.
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

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NATIONAI., (20UNCIT.

Kenya Gazette Supplement No. 149 23rd August, 2019

(Legislative Supplement No. 49)

LEGAL NOTICE No. 145

THE SMALL CLAIMS COURT ACT, 2016

PART III—HEARING, OFFER TO SETTLE, ENFORCEMENT OF

THE SMALL CLAIMS COURT ACT

2. In these Rules, unless the context otherwise requires — Interpretation

"Act" means the Small Claims Courts Act;

"Adjudicator" means an adjudicator appointed under section 5 of

"claimant" has the meaning assigned to it under section 2 of the

"creditor" means a person to whom a debtor is required to pay a

"Court" means the Small Claims Court established under section

"debtor" means a person who owes a creditor a sum of money

"intermediary" means a person approved by the Court to

"Registrar" means the Registrar of the Small Claims Court

"respondent" has the meaning assigned to it under section 2 of

PART II—PRESENTATION OF CLAIMS, RESPONSES , ETC.

(b) the respondent ordinarily resides or carries on business.

(3) A person may file a claim against two or more respondents

(4) A claimant who has a claim of more than two hundred

(5) Where a claimant abandons part of a claim, he or she shall

(6) A claimant who abandons part of a claim shall not

4. (1) Where a claimant or respondent is a person who is under Claims by or

(3) In the case of a representative claim, the Statement of Claim

(a) an itemized estimate of the cost of repair prepared by a

(b) an itemised receipt issued in acknowledgement of money

(2) A person claiming compensation for loss or damage caused to

(a) an itemized estimate of the cost of repair prepared by a

(b) an itemized receipt issued in acknowledgement of money

(c) a copy of any document proving the value of the property

(3) A person claiming compensation for personal injuries

(a) a medical report from a licenced medical practitioner; and

(b) any receipts in respect of medical expenses incurred on

7. (1) The claimant shall serve a copy of the Statement of Service of

(2) If the claimant fails to serve a Statement of Claim within six

(a) direct the alternative manner in which the claimant may

(a) the Court otherwise directs; or

(a) settle the amount claimed in full by making payment directly

(b) admit the whole or part of the amount claimed with a

(2) A respondent who has taken any of the actions specified in

(a) in the case of a respondent who carries on business or

(b) in the case of a respondent who carries on business or

(c) within such time as the Court may direct.

(2) Sub-rule (1) applies, with necessary modifications, to

(3) An admission of a claim or counterclaim made in accordance

(4) Where a party admits a claim, whether wholly or partially, but

(2) Where a State department or State organ fails to file its

(3) Sub-rule (1) applies, with necessary modifications, to cases

(4) The Court may set aside a default judgment or any

party that is aggrieved by the decree or order if the Court is satisfied, on

(a) the default was inadvertent;

(b) the applicant has a valid defence with a probability of

(c) there are sufficient grounds to warrant setting aside the

12. ( I ) A respondent shall serve a copy of his or her Response to Respondent to

of Claim in accordance with rule 35.

(2) Where the response includes a counter-claim or set-off, the

(3) For the purposes of this rule, a counterclaim is a claim made

(2) A respondent shall serve his or her Response containing the

(3) A respondent who abandons any part of a counterclaim or set-

(a) settle the amount counterclaimed in full by making payment

(b) admit the whole or part of the amount counterclaimed with